Property Practice - Investigating Title

Question 1

Property Register

Answer 1

• Gives address
• Type of legal estate
• Any rights benefiting the property will appear as a notice (burden appears on Charges Register for servient tenament)

Question 2

Proprietorship Register

Answer 2

• Class of title
• Who holds legal estate (max. of 4 adults and can only be held as joint tenants)
• Any restriction affecting the title

Question 3

Charges Register

Answer 3

• Encumbrances (negative things which impact the land in question)

Question 4

Good Root of Title

Answer 4

• Whole legal/equiable interest in property
• Adequate description of property
• Doesn’t cast doubt on title
• At least 15 years old
• Unbroken chain of ownership from the root to current seller

Best document is a conveyance on sale as title would have been investigated at the time of that transaction (as opposed to a deed of gift)

Question 5

First registration

Answer 5

• If there has been a triggering event the land should have been registered
• If land still unregistered then seller’s solicitor must make the necessary application for first registration

Question 6

Breaks in chain of ownership

Answer 6

Make enquiries of seller’s solicitor

Question 7

Stamp duty

Answer 7

Pre-dates stamp duty land tax

Has stamp duty been properly paid?

Question 8

Third-party interests capable of registration

Answer 8

Buyer’s solicitor to check if interest has been registered as a land charge

Question 9

Header Section

Answer 9

• Title number
• Edition date
• Date and time of the official copy: this date is the ‘search from date’ when applying for an official search
• Land Registry office that deals with title